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Location: Solano x
Judge: Gizzi, Stephen x
2022.04.26 Demurrer 309
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.26
Excerpt: ...w, or some other determinable legal standard. (Edwards v. Arthur Andersen, LLP (2008) 44 Cal.4th 937, 944; Korea Supply Co. v. Lockheed Martin Corp.(2003) 29 Cal.4th 1134, 1153‐1154; Della Penna v. Toyota Motor Sales, U.S.A. (1995) 11 Cal.4th 376, 392‐393.) “The tort of intentional interference with prospective economic advantage is not intended to punish individuals or commercial entities for their choice of commercial relationships or the...
2022.04.21 Demurrer 842
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.21
Excerpt: ...that employer, such as a contractor doing business with that employer. McVeigh v. Recology San Francisco (2013) 213 Cal.App.4th 443, 471. In general, a demurrer must knock out an entire cause of action, or it should be overruled. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:42.2 and 7:42.4, p. 7(I)‐21, and 7:156, pp. 7(I)‐72 and 7(I)‐73. Thus, as long as JOHN P. WHITNEY (“WHITNEY”) has in the amended petition/compl...
2022.04.01 Motion for Summary Judgment, Adjudication 518
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.01
Excerpt: ...ause of action for conversion, Plaintiffs assert that it is undisputed that Defendant caused at least $84,000 in damages caused by Defendant's conversion of their proprietary data. (Plaintiffs' UMF 3.) This statement of “fact” is supported only by a generalized and simplistic estimate of damages based on a specified number of employees working an “approximate” amount of days for “up to” 12 hours a day, as well as speculative lost reve...
2022.03.11 Demurrer to SAP 426
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.03.11
Excerpt: ... instant petition) was filed February 1, 2021, 193 days after July 23, 2020, when DAYTON was mailed the challenged final administrative decisions on two parking citations. Review under Code of Civil Procedure section 1094.5 is not available for parking citations. Those are handled entirely under Vehicle Code section 40200 et seq., which states that parking tickets “shall be governed by the civil administrative procedures set forth in this artic...
2022.03.11 Demurrer to SAC 042
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.03.11
Excerpt: ... the San Diego County summons in this case and the 2AC as records of a court of the United States under Evidence Code section 452, subdivision (d). The court declines to take judicial notice of the proffered purported copy of the deed of trust because it does not appear to be a recorded document; the space marked for recorder's use is blank. Plaintiff's Identity. A trust, not being a legal “person,” cannot maintain an action except through it...

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